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City of Ann Arbor Employees Retirement System v. Citigroup Mortgage Loan Trust Inc. et al

REPLY in Support re MOTION to Dismiss /Notice of Motion for an Order Dismissing the Amended Complaint, dated July 17, 2009

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Gustafson v. Alloyd Co.

    513 U.S. 561 (1995)   Cited 1,015 times   10 Legal Analyses
    Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering

  3. Harsco Corp. v. Segui

    91 F.3d 337 (2d Cir. 1996)   Cited 930 times
    Holding denial of a request for additional documents prior to entering into a contract does not support a negligent misrepresentation claim "unless that denial suggested falsely and deceitfully that those documents did not exist"

  4. P. Stolz Family Partnership L.P. v. Daum

    355 F.3d 92 (2d Cir. 2004)   Cited 198 times
    Holding that "the misrepresentation of present or historical facts cannot be cured by cautionary language"

  5. Hevesi v. Citigroup Inc.

    366 F.3d 70 (2d Cir. 2004)   Cited 139 times   3 Legal Analyses
    Holding that plaintiffs fail to establish predominance requirement if they are not entitled to presumption of reliance

  6. Panther Partners, Inc. v. Ikanos Communications

    538 F. Supp. 2d 662 (S.D.N.Y. 2008)   Cited 58 times
    Holding that failure to make a Item 503 disclosure "will generally produce liability under the Securities Act"

  7. In re Fuwei Films Securities Litigation

    247 F.R.D. 432 (S.D.N.Y. 2008)   Cited 58 times
    Setting forth elements of the Lax test

  8. Garber v. Legg Mason, Inc.

    537 F. Supp. 2d 597 (S.D.N.Y. 2008)   Cited 49 times
    Holding that defendants had no duty under the securities laws to disclose the publicly reported departure of an asset manager

  9. In re Salomon Analyst Level 3 Litigation

    350 F. Supp. 2d 477 (S.D.N.Y. 2004)   Cited 53 times
    Finding pleading standard met for "buy" ratings issued after analyst sent internal e-mail stating that the stocks "must not remain buys"

  10. Hoffman v. Ubs-Ag

    591 F. Supp. 2d 522 (S.D.N.Y. 2008)   Cited 39 times   2 Legal Analyses
    Holding that plaintiffs lacked standing to bring securities claims relating to funds that plaintiffs did not own

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 77n - Contrary stipulations void

    15 U.S.C. § 77n   Cited 189 times   1 Legal Analyses

    Any condition, stipulation, or provision binding any person acquiring any security to waive compliance with any provision of this subchapter or of the rules and regulations of the Commission shall be void. 15 U.S.C. § 77n May 27, 1933, ch. 38, title I, §14, 48 Stat. 84. EXECUTIVE DOCUMENTS TRANSFER OF FUNCTIONSFor transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R.

  13. Section 229.1100 - (Item 1100) General

    17 C.F.R. § 229.1100   Cited 15 times   1 Legal Analyses

    (a)Application of Regulation AB. Regulation AB (§§ 229.1100 through 229.1125 ) is the source of various disclosure items and requirements for "asset-backed securities" filings under the Securities Act of 1933 (15 U.S.C. 77a et seq.) (the "Securities Act") and the Securities Exchange Act of 1934 (the "Exchange Act") (15 U.S.C. 78a et seq.). Unless otherwise specified, definitions to be used in this Regulation AB, including the definition of "asset-backed security," are set forth in Item 1101. (b)Presentation